Articles
Navigating Intersection Of Anti-Money Laundering And Recovery Laws: The Imperative For Collaboration And Cooperation
The legislative efforts to combat money laundering activities in the country and the legislative measures to deal with the recovery of nonperforming assets in the Banking sector without the intervention of courts of law coincided in the same year with the passage of two special Acts in the year 2002.These two Acts, (Prevention of Money Laundering Act 2002 and the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002) though passed in the same year,...
Disclosure Of Trade Secret On The Path To A Patent: Lacunae In The Law
The term “patent”[1] refers to an exclusive monopoly or right that has been granted to the inventor for a particular product, or the process that goes into the making of the product. This could either be because it offers the general public a novel method of using a pre-existing procedure, (or process) or a new device which provides a solution to an already existing problem (product). When a patent is granted, it gives the owner the right to prevent other individuals (competitors or otherwise)...
Impact Over Intention – Abuse By Caste Name
Within a month, the Rajasthan High Court, in two different cases, quashed the charges, inter alia, under section 3(1)(r), of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (“SC/ST Act”) and the similarly worded section 3(1)(x) of the erstwhile SC/ST Act. On 12 November 2024, the court, in Achal Singh and others v. State of Rajasthan (“first case”), held that bhangi, neech, bhikahri, and mangani are not caste names. Further, the court held that the petitioners...
Section 29A Of Arbitration & Conciliation Act, 1996: Complications More Than Cure
This article is an attempt to highlight the complexities involved under Section 29A of the Arbitration & Conciliation Act, 1996. The “complexities” referred to are not only limited to the litigants involved in the arbitration, but also extends to the Advocates and Arbitral Tribunal. Additionally, this article also touches upon how the power conferred upon the “Court” under sub-section (4) onwards is creation of a paradoxical situation, which defeats the underlying Principle of Party...
The Babri Demolition and the Judiciary: Ineptitude or Incompetence?
On the thirty-second anniversary of the shameful demolition of the Babri Masjid, we see that the Pandora's box has been opened. There are several litigations by plaintiffs belonging to the majority community about alleged temples that are believed to have existed on the lands occupied by mosques and dargahs. Sambhal and Ajmer Sharif are the latest instances. The Places of Worship (Special Provisions) Act, 1991, which put an end to all litigation concerning places of worship other than Ayodhya...
Regulating Puffery:The No.1 Solution To Covert Disparagement
Earlier this year, the High Court of Delhi (“DHC”) in Kent RO Systems Ltd. v. Advertising Standards Council ofIndia & Ors., held that puffery falls outside the scope of disparaging advertisements. This means that advertisers shall not be penalized for making exaggerated or vague claims in their advertisements as a legitimate marketing strategy. This decision has reignited the debate on whether the present legal position on puffery adequately protects the main stakeholders – the...
A Legal Intro To Redevelopment In Mumbai
Mumbai, India's financial capital and most populous city, faces a monumental challenge in accommodating its ever-growing population within its limited geographical area. The scarcity of land and the high population density have made redevelopment an essential tool for urban planning and growth management. Redevelopment involves the reconstruction of old, dilapidated buildings to optimize land use, improve living conditions, and create additional housing stock.However, the redevelopment process...
Sanganer Open-Air Camp: Prison Where Prisoners Live With Their Families
India is not new to the open-correctional institutions. One of the open correctional institutions, Sanganer open-prison, officially known as Shri Sampurnanand Khula Bandi Shivir, has been there for six decades now. Allegedly, the land on which the open prison operates has recently been allotted by the Rajasthan Government for constructing a Satellite hospital and it is a matter of ongoing litigation before the Supreme Court and the Rajasthan High Court.As per Rule 723 of the Rajasthan Prison...
Judicial Orders Mandating Incarceration- Recent Trend Of Imposition Of Restriction On Filing A Subsequent Bail Petition
The fixing of time for concluding the trial and renewing the Bail application after a certain time became a generally inevitable part of criminal jurisprudence of the High Courts of India and the Supreme Court while deciding Regular Bail Petitions. In other words, it may be stated that the Courts impose a virtual 'cooldown period for seeking bail'. In this context, this article provides a trifold argument that such imposition of a minimum period before the subsequent bail application is to...
Sports Governance: A Case Of Apathy, Lethargy And Unbridled Corruption
Regulation of sports governance by the Central Government has always been a thorny issue, and the latest attempt by the Ministry for Youth Affairs and Sports (“Ministry”) is no different. In the second week of October this year, the Ministry issued the Draft National Sports Governance Bill, 2024 (“Bill”),[1] inviting comments and suggestions. In what could have been an excellent opportunity for the Ministry to finally bridge the gap between intent and action, the Ministry yet again fell...
An Emotion Called Devotion
The judiciary is coming to terms with a sharp ideological divide across the world, where notions of justice are grounded in different worldviews. This creates new expectations from judges and decision making, which is often expected to move beyond the strict framework of black letter law. It is required to be sensitive to historic injustices and oppression, marginalization, and traumas not just of individuals but of communities. The conduct of the judge and not just his judgments are also...